Weblog

Bruce Havilah together with John Cope over the last 6 months been appearing on the 6PR talk back show aired on a Monday afternoon with Bob Maumill and now Howard Sattler. The aim is to discuss not only topical issues but also to take questions from members of the public on all areas of law and to provide some basic advice. You can take advantage of their efforts by logging on to the blogs below.


Debt Recovery

Former owners’ rights to compensation for building defects

Info Article Posted: 03 May 2012

There has as yet been no authoritative determination of the question whether an owner’s decision to sell a defectively constructed home without first having remedied the defects will preclude subsequent recovery of compensation with respect to those defects.

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What does it take to get compensated?

Info Article Posted: 30 April 2012

People often get surprised when we tell them that they can’t automatically recover compensation from a builder just because that builder has departed from the plans and specifications in the building contract.  They get even more surprised when we tell them that departures from applicable Australian Standards and Building Codes are still not enough to get you an award of compensation.

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A matter of interest

Info Article Posted: 30 April 2012

When a sum of money is being claimed in a court, it is usual to claim interest on that sum.  But not everyone who has a claim for an amount of money, be it for compensation, restitution or a debt, is entitled as of right to claim interest.

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Speak before you act

Info Article Posted: 20 April 2012

Two recent decisions by Courts in WA (Fuel Tank and Pipe Pty Ltd v Integrated Fuel Services Pty Ltd [2012] WASC 71 and Downing v Newsflash Nominees Pty Ltd [2012] WADC 26) contain timely reminders.

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That settles it

Info Article Posted: 19 April 2012

Much of the procedures that courts in WA require litigants to follow before their claim goes to trial is designed to encourage settlement of claims. We look at some of the questions around this.

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